1. Upon a determination by the department a criminal history record check is appropriate, the following individuals are to obtain two sets of the individual's fingerprints from a law enforcement agency or other local agency authorized to take fingerprints: a. A provider holding or an applicant for early childhood services licensure, self-declaration, or in-home provider registration; b. Emergency designees and staff members of providers holding and applicants for early childhood services licensure, self-declaration, or in-home provider registration; and c. Household members of a residence out of which early childhood services are provided. 2. The individual shall request the agency to submit the fingerprints and a completed fingerprint card for each set to the department. 3. If the department has no record of a confirmed decision for child abuse or neglect, the department shall submit the fingerprints to the bureau of criminal investigation to determine if there is any criminal history record information regarding the applicant, household members, or staff members in accordance with section 12-60-24. 4. The results of the investigations must be forwarded to the department. 5. The department may charge a fee not to exceed thirty dollars for the purpose of processing the criminal history record information application. 6. The department is not subject to the fee imposed under section 12-60-16.9 when requesting criminal history record information from the bureau of criminal investigation. 7. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the costs of the fingerprinting. 8. The department may use background investigation findings to determine approval, denial, or revocation of an early childhood services license, self-declaration, or in-home registration. 9. Any individual who is providing early childhood services solely for the provider's own children, grandchildren, nieces, nephews, and cousins as an in-home provider may not be required to submit to a criminal history record check authorized under section 50-06-01.9.
10. Unless an individual was separated from employment by a provider of early childhood services for more than one hundred eighty days, a criminal history record check conducted under this section and subsection 3 of section 50-06-01.9 is valid for five years, after which the department shall require another criminal history record check.
50-11.1-07. Investigation of applicant, licensee, holder of self-declaration or registration document, and staff members - Inspection of programs and premises - Maintenance of records - Confidentiality of records. 1. The department at any time may investigate and inspect an early childhood program, or a holder of a self-declaration or registration document and the conditions of their premises, the qualifications of current and prospective staff members, of any in-home provider or applicant seeking or holding a license, self-declaration, or registration document under this chapter. 2. Upon request of the department, the state fire marshal, or the fire marshal's designee, shall inspect the premises for which a license, four-year old program approval, or self-declaration is applied or issued and shall report the findings to the department. 3. A licensee, holder of a self-declaration, or registrant shall: a. Maintain records as the department prescribes regarding each child in the licensee's, holder's, or registrant's care and control, and shall report to the department, when requested, on the forms provided in the manner prescribed by the department, facts the department may require with reference to each child; b. Admit for inspection the department and open for examination all records, books, and reports; and c. Notify the parent of each child receiving early childhood services and all staff members of the process for reporting a complaint or a suspected licensing violation. 4. Except as provided in subsection 5, all records and information maintained with respect to any child receiving early childhood services are confidential and must be properly safeguarded and may not be disclosed except: a. In a judicial proceeding; b. To officers of the law or other legally constituted boards or agencies; c. To persons having a definite interest in the well-being of the child concerned and who, in the judgment of the department, are in a position to serve the child's interests should that be necessary; d. To a provider or applicant that provides or provided care for the child; or e. As outlined in a department-approved data sharing agreement. 5. A provider, upon the request of the parent of a child for whom the provider provides such services, shall make available to the parent a list of the names, telephone numbers, and addresses of the parents of children for whom early childhood services are provided. The list may include only the names, telephone numbers, electronic mail addresses, and addresses of parents who grant the provider permission to disclose that information. 6. The following information for licensees, self-declarations, in-home providers, staff members, and adults residing in a home out of which early childhood services are provided is not confidential: a. Name; b. Address; c. Telephone number; and d. Electronic mail address.